General Information

There’s nothing more important to us than our relationship with you. We are committed to the confidentiality and security of any information, personal or not, that you provide us with.

This Privacy Policy explains:
- what information we collect about you
- how we use that information
- who we may share that information with
- the choices that you have made about how we can use that information
- how to access and update your information

If you have any questions relating to this Privacy Policy, please do not hesitate to contact us at info@deskgen.com.

What information we collect about you

Information that you provide to us

1. Signing up to our Website and Services

If you are registering with our website in order to access our services we will require your name, organisation details and email address in order for you to open an account with us.

2. Contacting us via our website, email or contact number.

If you contact us via our website or email and provide us with your name and contact details, we will use these details to investigate your query and contact you to deal with your request.

Information that we automatically collect

We automatically collect information about the devices you use to access the websites and also what services you are using and how you use them. This includes information that your browser, server and internet provider typically makes available, including:

Information about your visit to the websites - the web page you visited before coming to our websites, the date and time of each visit, the pages on our websites that were visited, any download errors, the length of your visit, your page interaction (scrolling, clicks etc) and how you left the pages.

Cookies – details on how we use cookies can be found on our cookies policy.

Information we collect from other sources

We work with third parties in order to provide our services and the websites and we may receive information from them about you. The third parties include sub-contractors in technical, payment and delivery services as well as analytics providers.

How we use your information

To provide our services and the websites

We will use the information that you provide to us in the following ways:

to provide you with the services, products and information that you request from us

to provide you with any information or queries that you submit to us

to carry out any obligations arising from contracts we have entered into with you

to notify you of changes to our services and websites

to gain feedback from you on our services and websites

to administer our websites and the services provided on then (eg troubleshooting, data analysis, testing, research, and compiling statistics)

Marketing

We may contact you with information to keep you up to date with our products and services, solicit your feedback or share with you new features. We may contact you by email or post, telephone or via social media. We will only do this where you have consented to receiving such information from us.

Information Sharing

We may disclose and share your personal information with third parties. Below are the people with whom we may share this information, why we do this and how we ensure your information is protected.

Other Organisations we work with

Our sub-contractors, business partners and suppliers

We may share your information with our sub-contractors, business partners and suppliers where:

the other organisation needs to know that information in order to process to provide services, products or information available on our websites that you have requested;

to provide us with information that assist us to improve the operation of the websites (eg analytics and search engine functions).

Third Party Organisations

We may provide links to and from other websites owned by third party partners and organisations that may be of assistance to you. If you follow a link to any of these websites, please note that they will have their own privacy policy and you should check these before submitting any personal information to these websites. We do not accept any responsibility or liability for your access to these websites.

To comply with Legal Obligations

We may disclose your personal information where we are required to do so by law or in order to enforce or apply our website terms of use. This may include exchanging information with other companies and organisations for the purposes of fraud protection.

If we sell our business, any personal information that we hold may be transferred to the new owner as part of the assets of the business.

Where we store your personal information

The personal information that we collect from you may be transferred, stored and processed outside of the European Economic Area (“the EEA”). We have employees, sub-contractors and partner organisations working for us outside of the EEA.

We require all our employees, sub-contractors and partner organisations to have appropriate technical, administrative and physical controls in place to ensure that your personal information is protected against loss and misuse and that all information is stored on a secure server.

If you have created an account to log into our website, we ask that you keep your password confidential and reserve the right to suspend any accounts where we believe that the password is being used by someone else. If you chose to send us information via email we cannot guarantee the security of the information being transmitted to us in this way. Once we receive the information we will deal with it in accordance with our Privacy Policy and security procedures.

We have a team dedicated to keeping your information secure and carry out regular testing for vulnerabilities. Our team takes all measures necessary to protect against the unauthorised access, use, alteration or destruction of all information you provide to us.

We also continue to work on features to keep your information safe. For example, all communications between you and our servers are encrypted via 256-bit Secure Socket Layer (SSL) encryption, and this team ensures that our SSL certificates are kept up to date.

Your Rights

Amending or deleting your information

You have the right to request that we amend or delete the information that we hold about you and request that we no longer contact you with details of new products, surveys or similar communications.

You can inform us of your wishes by ticking boxes on our websites which are available with our online forms. You can also request that we change your information by emailing us at info@deskgen.com or unsubscribe by emailing us at support@desktopgenetics.com .

Access to your information

You have the right to access information that we hold about you. If you wish to receive a copy of the information or have any queries in relation to accessing your information, please contact us at info@deskgen.com.

Privacy Policy Changes

Although most changes are likely to be minor, we may change our Privacy Policy from time to time, and at our sole discretion. We encourage visitors to frequently check this page for any changes to the Desktop Genetics Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

How to Contact Us

If you have any questions, comments or requests regarding this privacy policy please let us know. You can contact us on info@deskgen.com.

General

We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. They help us understand how users interact with our websites and we can use this information to improve our websites.

By continuing to use our website you are agreeing to the use of cookies. You can set your browser to not accept cookies, but this may limit your ability to use our websites and services as they may not function properly.

What are cookies?

Cookies are strings of information and numbers that our websites store on your computer if you agree to accept cookies. The cookies transfer information to your computer and this information helps us to customise our websites and the services.
Further general information about cookies is available at:https://ico.org.uk/for-the-public/online/cookies/

What cookies do we use?

Our website uses the following cookies:

Session cookies

These cookies are stored on your computer only for the time that you are browsing our websites and are deleted shortly after you leave. They are used to allow users to move around pages without having to keep logging in (e.g. they keep track of your identity as you move between modules).

Permanent, persistent or stored cookies

These cookies are stored on your computer and are not deleted when the browser is closed. These cookies retain user preferences to be used when you return to the websites and can also be used to analyse how you use the websites. We use Google Analytics and Mixpanel for this.

Flash cookies

If you have Adobe Flash installed on your computer small files may be stored by our websites that contain flash media. They are used for the same purposes as the cookies described above.

An example of a cookie set by us is:

deskgen-auth: This is currently sent on log in by the authorising service to store the validated user email in an encrypted form so a persistent identity is available as you move between front end modules. Deletion or refusal of this cookie will affect use of the website.

Third Party Website Cookies

We use selected third parties (e.g. advertisers, search engines) to bring you to our websites and they may use their own cookies during your visit to their websites. We have no control over the cookies that they use.

How to delete cookies

You may delete or control the cookies that we use on our websites, however this may mean that you cannot use part or all of our websites and services. If you wish to control or delete cookies, you can find out how to do so at www.aboutcookies.org

You may use our websites (and the content within it including the DESKGEN Platform) for your own lawful, purposes only. You may not reproduce any part of our websites (or its content) unless permitted under the terms and conditions. Similarly, you may not give, sell or licence your content to others.

You are solely responsible for your use of our websites. You promise that any use of our websites by you will be in accordance with our Content Standards below and that your content does not infringe the copyright of others.

You agree that, if any claim is made against us because of your failure to abide by these terms you will be responsible, on an indemnity basis, for the claim and our costs of dealing with that claim, including lawyers’ fees.

If you break this promise, we may bring legal proceedings against you and we will immediately end your use of our websites.

Content Standards

General Use of our websites

Once you have opened an account with us you will be able to access our services and the DESKGEN Platform and may be able to submit content to our websites. We want all users to enjoy their use of our websites and we promote free speech but with that comes a responsibility to respect others.
We ask that you comply with the spirit and the letter of the following standards.

You may only post content that is:

Permitted under the Website terms and conditions or where otherwise permitted on the website (e.g. we encourage users to post gene sequences and DNA sequences)

accurate if it states facts that might be relied upon; and

if you state opinions, these should be genuinely held.

You must ensure that nothing in your content:
- defames anyone;
- is obscene, offensive, hateful or inflammatory,
- promotes sexually explicit material, violence, illegal activity or unlawful discrimination;
- infringes any copyright, trade mark or other rights;
- have any fraudulent purpose or effect,
- can be used for war, terrorism or other illegal purposes,
- is for marketing or promotional purposes;
- is likely to deceive, harass, alarm, annoy or invade the privacy of any person; or
- misrepresents your identity or affiliation with any person including us.

We do not endorse any content posted by you or another user and shall not be responsible for any comment or criticism made by a user of our websites. During your use of our websites you may be exposed to comments that are factually incorrect, offensive or otherwise objectionable to you and you agree to waive any legal or equitable right you may have against us with respect to these comments.
You give us a permanent unrestricted right to use your content so that we can broadcast it and re-use it for marketing and other purposes.

Content Belonging to Others

You must respect copyright and confidentiality. You promise to us that if you use content belonging to others or is known to you under a duty of confidentiality, they will have agreed to this use. Only upload music, artwork or sounds that you made or that you are authorised to use.

Our decision

It is for us to decide whether there has been a breach of our Content Standards through your use of our websites.

Changes to the acceptable use policy

We may revise these terms at any time by amending this page, so it is advisable that you check this page from time to time.

Contact us

Thank you for visiting our websites.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND THE DESKGEN™ PLATFORM

Your access to the websites that we operate and to the DESKGEN™ Platform is subject to our terms and conditions and we therefore encourage you to read through these terms. By subscribing to and using our websites and the DESKGEN™ Platform, you confirm that you accept these terms of use and that you agree to comply with them.

In addition to these terms we also have other documents containing important information which applies to your use of our websites:

Our Privacy Policy sets out how we process any personal data we collect and hold about you.

Our Cookie Policy gives details of the cookies that we use on our websites, how they work and what information they collect.

Our Acceptable Use Policy sets out how you can and cannot use our websites, including the use of our interactive features.

Information about us

We also own and operate the DESKGEN™ Platform available at www.deskgen.com. Our address is 3p1 Cooper House, 2 Michael Road, London, SW6 2AD

Changes to these terms

We may revise these terms at any time, so it is advisable that you check this page from time to time.

Changes to the websites

We will update our websites and change the content from time to time and may not notify users in advance.
We always try to ensure that the information contained on our websites is accurate. However, we cannot guarantee that the websites or any content on them will be free from errors or omissions and we are not obliged to update any information on our websites.

Your Access to our website and the DESKGEN™ Platform

Access to our home page and some of the information on our websites are made available to all visitors. Please note that some of the services on our websites and the DESKGEN™ Platform may require visitor registration.

Due to the nature of technology and the internet, we cannot promise that our websites or any content on them will always be available or be uninterrupted. We are not obliged to fix or support our websites.

Your access to our websites and to the DESKGEN™ Platform is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if our websites are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our websites and for ensuring that any person who accesses our websites through your internet connection complies with these terms.

Your account and password

If you choose, or if you are provided with, a user identification code, password or any other piece of information in order to set up a user account, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user account at any time, without notice, if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing us at support@desktopgenetics.com. You will be responsible for any activity that is undertaken on our websites or DESKGEN™ Platform using your username or password, whether or not you authorised that activity.

Who owns the content on our websites or the DESKGEN Platform?

We own (or licence) the copyright and other rights in our websites, the material published on them and the DESKGEN™ Platform, which are protected under international laws. All such rights are reserved.

You may make print outs or download extracts of information from our websites for your personal and for commercial uses. You may also use our DESKGEN™ Platform for both personal and commercial uses. However, you must acknowledge our ownership.

If you use any part of our websites are in breach of these terms of use, your right to use our websites will cease immediately and you must return or destroy any copies of the materials you have made if requested.

Accuracy of websites content

The content and DNA data on our websites and in the DESKGEN™ Platform is provided for general information purposes only and we do not charge users belonging to academic, governmental and not-for-profit organizations for access. We hope that our guides and content assist you to get the most from your experiments but they are generic and cannot be relied upon as advice for your specific experiment. You need to carry out appropriate checks before taking (or not taking) any action on the basis of the guides or content on our websites or on the DESKGEN™ Platform.

Although we make reasonable efforts to update the information on our websites, we make no guarantee (whether expressed or implied) that the content is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to our websites or the DESKGEN™ Platform or any content or data on any of them, whether expressed or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our websites or the DESKGEN™ Platform; or

use of or reliance on any content or data provided by our websites or the DESKGEN™ Platform; or

any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our websites, the DESKGEN™ Platform or to your downloading of any content on it, or on any websites linked to it.

We assume no responsibility for the content of websites linked on our websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

Whilst we take reasonable steps to ensure that our websites and the DESKGEN™ Platform provide a reliable and provide a fast service, we do not guarantee that that they will free from bugs or viruses. You are responsible for your ensuring your information technology, computer programs and platform are set up correctly in order to access our websites and the DESKGEN™ Platform and you should use your own virus protection software.

You must not misuse our website or DESKGEN™ Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites or the DESKGEN™ Platform, the server on which they are stored or any server, computer or database connected to our websites or DESKGEN™ Platform.

You must not attack our websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.

Linking to our websites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our websites in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.
If you wish to make any use of content on our websites other than that set out above, please contact us by emailing us at info@desktopgenetics.com.

Third party links and resources on our websites

Where our websites contain links to other websites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those websites or resources and you must ensure that you have read and are happy with the terms and conditions and privacy policy of the third party websites.

When you must stop using our websites and the DESKGEN Platform

If at any time you do not feel that you can agree to our terms or you are not happy with our websites or the DESKGEN™ Platform, you must stop using them straightaway. We may also end your use if you fail to use the it in the way them in the way they were intended, or ways in which are not compliant with our terms, against the spirit or intent of our websites or to breach any law or regulation.

If we do end your use of our websites or the DESKGEN™ Platform, we will tell you and you must immediately stop using the it. We will not offer you compensation for any losses when we end your use of the websites or DESKGEN™ Platform.

Specific terms for DESKGEN Platform

We provide the DESKGEN™ Platform for your commercial or personal use. We do not charge you to set up a user account and access the DESKGEN™ Platform except where you require any additional services from us - and these services will be detailed on our websites.

When using the DESKGEN™ Platform you provide us with information (e.g. gene sequences and DNA sequences) “data” which are stored on the DESKGEN™ Platform. You retain full ownership of your data. We do not claim any ownership of this data. These terms do not grant us any rights to this data or intellectual property except as required in order to provide the DESKGEN™ Platform.

By using the DESKGEN™ Platform you agree to us hosting your data and sharing your data with third parties nominated by you. In addition, we will process your data in order make back up files and to display your data to you in a manner that will assist you in using the DESKGEN™ Platform. We may share your information with selected third parties, including sub-contractors who may carry out services on our behalf. We will ensure that any third parties have entered into agreements requiring them to ensure your data is kept confidential. Subject to these exceptions, we will not share your data with any third party without first obtaining your consent.

You are solely responsible for your conduct, your data, and your communications with others while using the DESKGEN™ Platform.

If your contact information, or other information related to your user account, changes, you must notify us promptly and keep your information current.

Applicable law

These terms of use are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.

TERMS AND CONDITION OF SALE

We also own and operate the DESKGEN™ Platform available at www.deskgen.com.

Our address is 3p1 Cooper House, 2 Michael Road, London, SW6 2AD

1. Acceptance of Terms

1.1 These are the terms and conditions (“Terms”) under which Desktop Genetics Ltd. (“DESKGEN” or “we”) and any of its affiliates sells products or services (“Items”) to you (“Buyer” or “end user” or “your”). All purchases (“purchase” or “orders”) of items are fulfilled by our vendor partners (“Seller” or “supplier”), including but not limited to, any design, preparation, manufacturing, servicing, control and delivery. BY PRESSING “SUBMIT PAYMENT” BUTTON (“Submit” or “Submitting”) DURING THE ORDER PROCESS YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1.2 In addition to these terms we also have other documents containing important information which applies to your use of our websites:

Our Privacy Policy sets out how we process any personal data we collect and hold about you.

Our Cookie Policy gives details of the cookies that we use on our websites, how they work and what information they collect.

Our Acceptable Use Policy sets out how you can and cannot use our websites, including the use of our interactive features.

Our Website Terms of Use sets out how you can and cannot use our websites, including the use of our interactive features.

2. Purchases and Delivery

2.1 All purchases are subject to our acceptance and availability of items. Any changes that you may propose to the specifications, quantities, method of shipment, schedule or place of delivery of products must be provided to us in writing and may be accepted by us at our discretion. We or our vendor partners reserve the right to make delivery in installments, which will not change the invoice, amount paid or payment due date per invoice. We or our vendor partners may make changes to product specifications that do not materially affect the quality or performance of the products.

2.2 The buyer assumes sole responsibility for the accuracy of the order and all items of the order on submit of order.

2.3 The buyer assumes sole responsibility for the accuracy of delivery address on submit of order.

2.4 Delivery of order is the sole responsibility of seller in accordance with any terms and conditions expressly stated by each seller. We will make an effort to assist the buyer with any delivery problems that may occur, but DESKGEN accepts no liability or fault of delivery, including but not limited to lost or damaged items, delivery to wrong address or undelivered items.

3. Inspection and Returns

3.1 The buyer is responsible for inspection of order and all items of the order upon delivery arrival to address provided on submit of order. You can return items that are damaged or defective on delivery, or correct any shortages or delivery errors, if you contact DESKGEN and Seller within 10 days from the day you receive the items. You must return any such items not later than 20 days after you first received them or number of days determined by the seller, whichever is lesser. If you do not contact us within the initial 10-day period, the items will be deemed accepted, but you will not lose any warranty rights. Authorization for all items returns must be approved by DESKGEN or Seller and record on return package any returned material authorization (“RMA”) number given to you by DESKGEN or Seller. prior to the return of products. Not all items will be authorized for return, due to temperature and packing requirements. DESKGEN or Seller may require you to sign and deliver a properly completed certificate of decontamination prior to returning any product.

4. Price, Taxes and Other Charges

4.1 Unless otherwise expressly stated by DESKGEN or Seller, the price of any items sold on the websites are not inclusive of any customs, import, export, government fees, and excise duty, VAT and other taxes which may be applicable.

4.2 The Buyer is responsible for all taxes, duties and VAT.

5. Contract Fulfillment

5.1 The contract between the buyer and seller will be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

5.2 The purchase will be subject to any warranties implied under applicable law.

6. Payment and Late Charge

6.1 For payment which is made directly on the websites during purchase, prices may be subject to currency conversion and additional bank and credit card fees.

6.2 For payment which is made by invoice, payment is due within 7 days from the invoice date unless otherwise stated on the invoice. We have the right to charge a late-payment charge at a rate of 15% per annual or maximum allowed by law, whichever is less.

7. Intellectual Property

7.1 Buyer does not have the right to infringe on another party’s copyright, patent, trademark, design right, database right or other intellectual property or other proprietary right.

8. DESKGEN Role

8.1 Buyers authorize DESKGEN to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via the Service. While DESKGEN helps facilitate transactions that are carried out using the websites, DESKGEN is neither the buyer nor the seller of the seller’s items. DESKGEN provides a venue for sellers and buyers to complete transactions in accordance with the provisions of this Agreement.

9. Limited Warranty

9.1 BECAUSE DESKGEN IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER’S ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, BOTH BUYER AND SELLER RELEASE DESKGEN (AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

9.2 Any warranty will not be effective if we determine that you have altered or misused the products or have failed to use or store them in accordance with our instructions, or if the defects to the products result from neglect or accident caused by you.

9.3 We make no other representations or warranties of any kind whatsoever, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, or regarding the results obtained through the use of any items purchased or data obtained from the websites in association with any items purchased.

10. Limitations of Liability

10.1 Nothing in these Terms and Conditions of Sale excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to our websites or the DESKGEN™ Platform or any content or data on any of them, whether expressed or implied.

10.2 To the maximum extent permitted by applicable law, in no event will DESKGEN or its suppliers be liable for any damages, whatsoever, whether direct, indirect, special, incidental, or consequential damages, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the software, or in connection with use of, or inability to use, our websites or the DESKGEN™ Platform; or use of or reliance on any content or data provided by the websites or the DESKGEN™ Platform or arising out of this agreement, even if DESKGEN or its representatives have been advised of the possibility of such damages.

11. Indemnity

11.1 To the extent allowed by applicable law, and except where a claim arises as a result of DESKGEN’s gross negligence or willful misconduct or that of its affiliates, you will indemnify, defend and hold harmless DESKGEN, its officers, agents, employees, distributors and affiliates (“Indemnified Party”) for any claim, loss, damage, expense or other liability (including reasonable attorneys’ fees and costs) (“Losses”) which may be made against an Indemnified Party as a result of (a) your acts, omissions, use or modification of a product, (b) manufacture or sale of items we make under your instructions, specifications, or other directions, (c) your failure to comply with the Contract, (d) your failure to acquire any applicable additional rights related to your use of purchased items, (e) your infringement of third-party intellectual property rights), or (f) our use of materials you provide to us.

12. General Provisions

12.1 Entire Agreement

This Agreement incorporates by this reference all terms, conditions, policies, guidelines and other information on the the websites concerning the websites, including but not limited to the Private Policy, Cookie Policy, Acceptable Use Policy and Website Terms of Use and constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

12.2 Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

12.3 No Waiver

DESKGEN’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of DESKGEN’s right to subsequently enforce such provision or any other provisions of this Agreement.

13. Governing Law

13.1 This Terms and Conditions of Sale will be interpreted, construed and enforced in all respects in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts of England and Wales.